Supreme Court · 1998 INSC 424 · Decided 11 November 1998

Virendra Kashinath Ravat and ANR. v. Vinayak N. Joshi and ORS.

Court
Supreme Court of India
Citation
1998 INSC 424 · [1998] SUPP. 2 S.C.R. 643
Case number
CIVIL APPEAL No. 5664/1998
Decided
11 November 1998
Bench
S. SAGHIR AHMAD, K.T. THOMAS (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 227; Constitution Article 227

Headnote

B Rent Control & Eviction : Bombay Rents, Hotel and Lodging House Rates Control Act, 1947- Section 13(J){e) and 15i-Eviction-Death of original tenant-Unlawfal C subletting of premises-Trial Court passing Eviction Order-Confirmed by appellate court-High Court quashed the eviction order on the averment in plaint that the Building was sublet to first respondent-On appeal-Held, High Court not justified in quashing the Eviction Order on the ground that D the second respondent was not treated as tenant-An approach of abundant caution by the landlords cannot be used for non suiting

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